DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/30/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1, 12 and 23 have been considered but are moot because the new ground of rejection does not rely on all reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The Examiner appreciates the time and effort of the Applicant in the compact prosecution of this application. The arguments regarding that “the covering plate comprises a homogenous, substantially uniform-thickness layer” are moot in response to the current primary prior art. If further efforts are made to clarify and fully define the invention, Applicant is advised to consider referencing specific paragraphs, column and line numbers, and/or figures from the cited prior art. While the citations provided are representative and mapped to individual claim limitations, other portions of the references may also be relevant. Incorporating such disclosures may assist the Applicant in preparing a more complete response to this Office Action.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 5, 8 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klar et al. (US 20190267705).
Klar et al. disclose;
Regarding claim 1:
(in Figs. 2 and 4) a device (100) for attachment to an opening (defined by 224) of a vehicle (200) and for covering an emitter and/or a receiver (131/132) of electromagnetic waves (W) (134, 135), the device (100) arranged in the vehicle (200) behind the opening (defined by 224), the device (100) comprising: a covering plate (120) which, when attached to the opening (defined by 224), completely covers the opening (111), wherein the covering plate (120) is a single plate (See Figs.), the covering plate (120) being composed of a material at least partially transparent to the electromagnetic waves (134, 135), wherein the covering plate (120) comprises a homogeneous (120 being made from single homogenous layer), substantially uniform-thickness layer (the thickness of 120 is uniform); a frame (110) to which the covering plate (120) is fixable (See Figs.), the frame (110) including one or more fasteners (Para. 0024, Lines 10-13) configured to couple the device to the vehicle (200); and wherein the frame (110) has a ring-like form (defined by square-ring) or extends substantially around the opening (111) when the device (100) is coupled to the vehicle (200) such that the covering plate (120) is the only plate that covers the opening (111) completely and the only component of the device through which the electromagnetic waves (134, 135) pass (See Figs.).
Regarding claim 5:
the covering plate (120) and the frame (110) are integrally formed with each other (See Fig. 2).
Regarding claim 8:
the covering plate (120) is at least slightly domed (See Fig. 4).
Regarding claim 23:
(in Figs. 2 and 4) a device (100) for attachment to an opening (defined by 224) of a vehicle (200) and for covering an emitter and/or a receiver (131/132) of electromagnetic waves (W) (134, 135), the device (200) arranged in the vehicle (200) behind the opening (defined by 224), the device (100) comprising: a covering plate (120) which, when attached to the opening (defined by 224), completely covers the opening (111); one or more fasteners configured to couple the device (100) to the vehicle (200), each of the one or more fasteners being integrally formed with the covering plate (120; Para. 0005, Lines 6-7; Para. 0024, Lines 10-13); wherein the covering plate (120) is a single plate (See Figs.); wherein the covering plate (120) is composed of a material being at least partially transparent to the electromagnetic waves (134, 135); and wherein the covering plate (120) is the only plate that completely covers the opening (111) such that the covering plate (120) is the only component of the device (100) through which the electromagnetic waves (134, 135) pass (See Figs.); and wherein the covering plate (120) comprises a homogeneous (120 being made from single homogenous layer), substantially uniform-thickness layer (the thickness of 120 is uniform) across an inner area through which the electromagnetic waves (134, 135) pass (See Figs.).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 9-14, 16-22, 24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Klar et al. (US 20190267705) in view of Koji et al. (JP6331098B2).
Regarding claim 9:
Klar et al. are silent on that the covering plate at least partially consists of a molded plastic material.
Koji et al. disclose the covering plate (1) at least partially consists of a molded plastic material (2, made from Polycarbonate, PC).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the covering plate to at least partially consists of a molded plastic in form of polycarbonate as taught by Koji et al. into the device of Klar et al. for the benefit of preventing the millimeter waves conversion to thermal energy to suppress attenuation (Para. 0013, Lines 9-15).
Regarding claim 10:
Klar et al. disclose a front side (121) and/or a rear side of the covering plate (120) is at least partially covered by at least one styling layer (123) of a cover material (Para. 0031, Lines 1-4).
Regarding claim 11:
Klar et al. are silent on that the at least one styling layer is manufactured such as to represent the emblem of the manufacturer of the vehicle.
Koji et al. disclose the at least one styling layer (50, 51) is manufactured such as to represent the emblem of a manufacturer of the vehicle (100).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the at least one styling layer is manufactured such as to represent the emblem of the manufacturer of the vehicle as taught by Koji et al. into the device of Klar et al. for the benefit of achieving radio wave-transparent covers used as design elements to display specific designs such as emblems (Para. 0003, Lines 7-8).
Regarding claim 12:
Klar et al. disclose (in Figs. 2 and 4) a method of producing a device (100) for attachment to an opening (defined by 224) of a vehicle (200) and for covering an emitter and/or a receiver (131/132) of electromagnetic waves (134, 135), the device (100) being arranged in the vehicle (200) behind the opening (defined by 224), the method comprising the steps of: providing a covering plate (120) which, when attached to the opening (111), completely covers the opening (111) and is the only plate that covers completely the opening (111), wherein the covering plate (120) is a single plate (See Figs.), the covering plate (120) being comprised of a material that is at least partially transparent to electromagnetic waves (134, 135), the covering plate (120) comprising a homogeneous (120 being made from single homogenous layer), substantially uniform-thickness layer (the thickness of 120 is uniform) across an inner area through which the electromagnetic waves (134, 135) pass (See Figs.), and the covering plate (120) being the only component of the device through which the electromagnetic waves (134, 135) pass (See Figs.).
Klar et al. are silent on that at least partially covering at least a front and/or a rear side of the covering plate by a styling layer of a cover material, and removing material from the styling layer for producing an emblem of a manufacturer of the vehicle on the front and/or the rear side of the covering plate.
Koji et al. disclose at least partially covering at least a front (2) and/or a rear (3) side of the covering plate (1) by a styling layer (50, 51) of a cover material (1), and removing material from the styling layer (50) for producing an emblem (TG) of a manufacturer of the vehicle (100) on the front and/or the rear side of the covering plate (1).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement at least partially covering at least a front and/or a rear side of the covering plate by a styling layer of a cover material, and removing material from the styling layer for producing an emblem of a manufacturer of the vehicle on the front and/or the rear side of the covering plate as taught by Koji et al. into the device of Klar et al. for the benefit of achieving radio wave-transparent covers used as design elements to display specific designs such as emblems (Para. 0003, Lines 7-8).
Regarding claim 13:
Klar et al. are silent on that the covering plate is produced in a molding process.
Koji et al. disclose the covering plate (1) is produced in a molding process (Para. 0023, Lines 1-2).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the covering plate is produced in a molding process as taught by Koji et al. into the device of Klar et al. for the benefit of achieving radio wave transparent covers with superior design can be easily manufactured (Para. 0027, Lines 6-7).
Regarding claim 14:
Klar et al. are silent on that the styling layer is produced by metallization of the covering plate.
Koji et al. disclose the styling layer (50, 51) is produced by metallization of the covering plate (1).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the styling layer is produced by metallization of the covering plate as taught by Koji et al. into the device of Klar et al. for the benefit of achieving improved radio wave transparency of the radio wave transparent cover (Para. 0044, Lines 1-5).
Regarding claim 16:
Klar et al. are silent on that at least one lacquering step is performed on the covering plate.
Koji et al. disclose at least one lacquering step is performed on the covering plate (1; Para. 0014, Lines 13-16).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement at least one lacquering step performed on the covering plate as taught by Koji et al. into the device of Klar et al. for the benefit of achieving radio wave transparent covers with superior design can be easily manufactured (Para. 0027, Lines 6-7).
Regarding claim 17:
Klar et al. are silent on that providing a frame with one or more fasteners for fixing the device to the vehicle body, wherein, the frame is provided by a molding process.
Koji et al. disclose providing a frame (11) with one or more fasteners for fixing the device (10) to the vehicle (100), wherein the frame (11) is provided by a molding process (Para. 0023, Lines 1-2).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement providing a frame having one or more fasteners configured to couple the device to the vehicle, wherein the covering plate is integrally formed with the frame as taught by Koji et al. into the device of Klar et al. for the benefit of providing mechanical support of attachment the covering plate to the exterior member to cover the front of the radio wave radar device located behind the exterior member (Para. 0003, Lines 3-6).
Regarding claim 18:
Klar et al. disclose the covering plate (120) is fixed to the frame (110).
Regarding claim 19:
Klar et al. disclose measuring an efficiency of passage of electromagnetic waves (134, 135) through the covering plate (120; Para. 0029, Lines 8-13).
Regarding claim 20:
Klar et al. disclose the frame (110) has a ring-like form (defined by square-ring – See Figs.)
Regarding claim 21:
Klar et al. are silent on providing a frame having one or more fasteners configured to couple the device to the vehicle, wherein the covering plate is integrally formed with the frame.
Koji et al. disclose providing a frame having one or more fasteners configured to couple the device (1) to the vehicle (100), wherein the covering plate (10) is integrally formed with the frame (11; Para. 0023, Lines 1-2).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement a frame having one or more fasteners configured to couple the device to the vehicle, wherein the covering plate is integrally formed with the frame as taught by Koji et al. into the device of Klar et al. for the benefit of providing mechanical support of attachment the covering plate to the exterior member to cover the front of the radio wave radar device located behind the exterior member (Para. 0003, Lines 3-6).
Regarding claim 22:
Klar et al. are silent providing one or more fasteners configured to couple the device to the vehicle, wherein the one or more fasteners are integrally formed with the covering plate.
Koji et al. disclose providing one or more fasteners configured to couple the device (1) to the vehicle (100), wherein the one or more fasteners are integrally formed with the covering plate (10; Para. 0023, Lines 1-2).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement one or more fasteners configured to couple the device to the vehicle, wherein the one or more fasteners are integrally formed with the covering plate as taught by Koji et al. into the device of Klar et al. for the benefit of providing mechanical support of attachment the covering plate to the exterior member to cover the front of the radio wave radar device located behind the exterior member (Para. 0003, Lines 3-6).
Regarding claims 24 and 26:
Klar et al. disclose at least one of a front side (121) of the covering plate (120) is at least partially covered by a styling layer (123), and wherein the styling layer (123; Para. 0031, Lines 1-4).
Klar et al. are silent on that the styling layer includes a foil on which a styling is applied.
Koji et al. disclose at least one of a front side (2) and a rear side (3) of the covering plate (1) is at least partially covered by a styling layer (50, 51), and wherein the styling layer (50, 51) includes a foil (51) on which a styling (50) is applied.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement at least one of a front side and a rear side of the covering plate is at least partially covered by a styling layer, and wherein the styling layer includes a foil (defined by glossy film) on which a styling is applied as taught by Koji et al. into the device of Klar et al. for the benefit of achieving radio wave-transparent covers used as design elements to display specific designs such as emblems (Para. 0003, Lines 7-8).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Klar et al. (US 20190267705) in view of Koji et al. (JP6331098B2) as applied to claim 12, and further in view of Huttenlocher (US 20190061646).
Regarding claim 15:
Klar et al. are silent on that the step of removing material from the styling layer for producing an emblem of a manufacturer of the vehicle on the front and/or the rear side of the covering plate further comprises one or more steps in which a laser is used for removing material from the styling layer.
Koji discloses the step of producing an emblem (TG) of a manufacturer of the vehicle (100) on the front and/or the rear side of the covering plate (10).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the step of producing an emblem (TG) of a manufacturer of the vehicle (100) on the front and/or the rear side of the covering plate as taught by Koji et al. into the device of Klar et al. for the benefit of achieving radio wave-transparent covers used as design elements to display specific designs such as emblems (Para. 0003, Lines 7-8).
Klar as modified are silent on removing material from the styling layer and further comprises one or more steps in which a laser is used for removing material from the styling layer.
Huttenlocher discloses the process of manufacturing a cover for a trim element on a vehicle including using laser engraving for removing material from the styling layer (Para. 0015, Lines 1-8; Para. 0046, Lines 11-14).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the laser removing process as taught by Huttenlocher into the modified device of Koji for the benefit of creating a three-dimensional structure, but does not alter the smooth outer skin (Para. 0046, Lines 16-19) of the cover plate for aesthetically appealing finishing.
Claims 25 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Klar et al. (US 20190267705) in view of Zimmermann et al. (US 20020105812).
Regarding claims 25 and 27:
Koji as modified are silent on that further including at least one light source configured to emit light, wherein the covering plate is at least partially transparent to the light emitted by the light source.
Zimmermann discloses (in Fig. 2) at least one light source (22) configured to emit light, wherein the covering plate (13) is at least partially transparent to the light emitted by the light source (22).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the at least one light source to emit light as taught by Zimmermann into the device of Klar et al. to provide some illumination effects concerning the emblem (Para. 0020, Lines 8-9) thereby improving the aesthetic appearance of the emblem.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAMIDELE A. IMMANUEL whose telephone number is (571)272-9988. The examiner can normally be reached General IFP Schedule: Mon.-Fri. 8AM - 7PM (Hoteling).
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/BAMIDELE A IMMANUEL/Examiner, Art Unit 2845
/DIMARY S LOPEZ CRUZ/Supervisory Patent Examiner, Art Unit 2845
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